Gutman v. Klein
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action, inter alia, to impose a constructive trust, the defendants appeal from so much of an order of the Supreme Court, Kings County (Schneier, J.), dated March 3, 2005, as denied those branches of their motion which were to dismiss the complaint pursuant to CPLR 3211 (a) (4), (5), and (7), and to vacate a notice of pendency.
Ordered that the order is modified, on the law, by adding a provision thereto consolidating the action with an action entitled Klein v Gutman, pending in the Supreme Court, Kings County, under index No. 35890/01; as so modified, the order is affirmed insofar as…
2Cases cited16 opinions
- Leon v. MartinezNew York Court of Appeals · 1994
- Sharp v. KosmalskiNew York Court of Appeals · 1976
- Whitney v. WhitneyNew York Court of Appeals · 1982
- Schantz v. . OakmanNew York Court of Appeals · 1900
- L & L Plumbing & Heating v. DePaloAppellate Division of the Supreme Court of the State of New York · 1998
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